(A) Any operator of a medical marijuana business shall have a valid license from the state and the town prior to doing business.
(B) The license outlined in this subchapter will be subject to property inspection by an authorized town inspector prior to issuance to ensure compliance with all codes of the town.
(C) The property inspection will occur at a time scheduled and approved by both the applicant and the town inspector.
(D) The applicant will be required to be present during the inspection.
(E) All structures, equipment and apparatuses shall comply with all building and fire codes adopted by the state and the town.
(F) A medical marijuana business license application shall be filled out and signed by the property and business owner and submitted to the Town Clerk prior to scheduling an inspection.
(G) A nonrefundable license fee as set forth in the Appendix of Fines and Fees, shall be paid at the time the application is submitted.
(H) The license fee shall be set according to and used to offset municipal expenses covering costs related to licensing, inspection, administration and enforcement of this subchapter.
(I) For the distance requirements outlined in this subchapter, the distances described shall be computed by direct measurement in a straight line from the nearest property line of the parcel of land on which the use described in herein is located to the nearest property line of the building or unit in which the proposed retail marijuana establishment would be located.
(J) All medical marijuana dispensary, commercial medical marijuana growing and/or processing facilities, and medical marijuana wholesale and/or storage facility establishments shall be located within an entirely enclosed and secure structure, as required by the rules and regulations of the Department of Health, as may be amended from time to time.
(K) The license holder shall remit all required state and town sales taxes.
(L) The town issued license must be conspicuously posted at the place of business.
(M) It is the intent of the town that nothing in this subchapter be construed to:
(1) Allow persons to engage in conduct that endangers the health, safety or welfare of the citizens of the town, or causes a public nuisance;
(2) Allow the use of marijuana for non-medical purposes; or
(3) Allow any activity that is otherwise illegal and not permitted by state law.
(N) Additional regulations.
(1) The smell of noxious odor emitted from smoking or consumption of medical marijuana by a person possessing a valid state issued medical marijuana license shall constitute a public nuisance.
(2) Smoking and vaping marijuana shall be prohibited on all town property including vehicles, buildings, parks or other facilities.
(3) Revocation or suspension of municipal issued marijuana license; hearing.
(a) The Town Administrator or designee shall revoke or suspend a license issued under this subchapter on any of the following grounds:
1. The license was procured by fraudulent conduct or false statement of a material fact or a fact concerning the applicant was not disclosed at the time of his or her application, and such fact would have constituted just cause for refusal to issue the license; or
2. Violation of town ordinance, state law or Department of Health regulations governing medical marijuana.
(b) Prior to suspension or revocation, the permittee shall be given notice of the proposed action to be taken and shall have an opportunity to be heard before the Town Administrator. If an employee has been designated by the Town Administrator, such employee shall make a report to the Town Administrator together with a recommendation as to whether the license should be suspended or revoked.
(4) Any person or entity applying for or issued a license by the town shall comply with all state law and department of health rules and regulations, as may be amended from time to time.
(5) Revocation of the state issued license shall result in immediate revocation of the town issued license.
(Ord. 380, passed 2-13-2020)